Can I return the deposit for the doors and windows I bought yesterday? This problem should be carefully read. Professional legal answer: if it is the order next to the words, it can be refunded, "deposit" can be refunded, and "deposit" is generally not refunded. At the same time, we also need to communicate with manufacturers.
Here are the following examples for owners:
Q: look at the doors and windows for decoration, then measure the size and say to pay 1000 deposit, and then pay. The quotation after measuring the size is too high to accept. Can I return the deposit like this?
A: The normal procedure is to measure the size first and then quote the price, and then do not do it. Depending on this situation, it should be that the man who made the doors and windows gave you a cover, which is fraud. Otherwise, you have to accept his disorderly offer, and directly ask 110 policemen to come and say. This kind of business, if you talk about the price, he will also mess with you. I talked about it. I'll steal the materials and labor for you.
Q: I paid a deposit of 500 yuan for the doors and windows I ordered. I wanted to return it, but I couldn't return it.
A: did you place an order without the door-to-door measurement? Can you tell me the specific process of your purchase?
Generally, customized doors and windows need to be measured on-site. If there is no on-site measurement or it is unreasonable to place an order based on the data you provide, even if it has already been done, if you want to cancel or change, the other party should also confirm with the manufacturer first, ask the manufacturer to provide relevant progress certificates, and then judge how much you have to pay according to the loss, instead of discussing how much money you have to pay before changing it, because I don't know how you communicate specifically, so it is not easy to give advice. Anyway, I think there is something wrong with this store and it is not honest, it is not recommended to buy in this store, so you can see that the whole transaction process is unreasonable, try to pick their thorns, push the responsibility to Tmall, and then it is best to suggest that the order be canceled, buy from another store. If it's their problem, you don't have to bear a penny.
The following are some legal knowledge:
Article 89 of the Guarantee Law of the People's Republic of China has the following provisions: the parties can agree to pay a deposit to the other party as the guarantee of creditor's rights. After the debtor performs the debt, the deposit shall be credited to the price or recovered. If the party who pays the deposit fails to fulfill the agreed debts, it has no right to demand the return of the deposit; If the party who receives the deposit fails to fulfill the agreed debts, it shall return the deposit twice.
Here, we recommend that you do not pay too much when paying the deposit, and indicate the liability for breach of contract, whether it can be refunded, etc.
First of all: distinguish between "deposit" and "deposit"
Deposit is a standard legal concept and a guarantee form voluntarily agreed by the parties to the contract to ensure the performance of the contract. In the commercial housing transaction, after the buyer performs the contract, the deposit shall be offset to the price or be recovered; If the buyer fails to perform the contract, the buyer has no right to claim to return the deposit. If the developer fails to perform the contract, the deposit shall be returned twice.
When signing the subscription book, you should see what kind of gold is written in the subscription book, so as not to protect your own rights and interests.
Deposit is not a normative legal concept. In fact, it has the nature of advance payment, is a means of payment for the parties, and does not have the nature of guarantee. If the buyer fails to perform the contractual obligations, it does not mean that he cannot return the deposit; If the developer fails to perform the obligations, he does not need to return the deposit twice, but this does not mean that the contract breaching party does not have to bear the liability for breach of contract.
Generally speaking, the refund of the deposit depends on who breaches the contract between the buyer and the seller. If the seller breaches the contract, the deposit can be refunded. If the buyer breaches the contract, the deposit cannot be refunded, depending on how the buyer and the seller negotiate.
Secondly: What is the deposit agreement?
Article 90 of the Guarantee Law of the People's Republic of China stipulates that the deposit shall be agreed in writing. Therefore, when paying the deposit, you must sign the Deposit Agreement. The deposit agreement mainly determines the amount and payment method of the deposit. The Deposit Agreement is signed and has legal effect. Any party breaches the contract and has legal constraints.
It should be noted that the contents of the deposit agreement should include: Housing Situation Overview, housing transaction situation, deposit amount and payment method, other agreements, etc.
In addition, Article 89 of the Guarantee Law of the People's Republic of China stipulates that the parties may agree to pay a deposit to the other party as the guarantee of creditor's rights. After the debtor performs the debt, the deposit shall be credited to the price or recovered. If the party who pays the deposit fails to fulfill the agreed debts, it has no right to demand the return of the deposit; If the party who receives the deposit fails to fulfill the agreed debts, it shall return the deposit twice.
Again: What should I pay attention to when signing a deposit agreement?
①. Agreement signing subject
When signing the Deposit Agreement, the parties should be consistent with the main contractor, and the subject is inconsistent. The deposit agreement cannot guarantee the nature.
②. Specify the delivery method
The parties to the house purchase contract should stipulate the way to deliver the deposit in the deposit agreement, such as paying in real currency or bank payment. If the payment is made by bank, it must be regarded as delivery when receiving the transaction voucher.
③. The delivery period agreed in the agreement
The parties to the purchase contract shall deliver the deposit within a certain period of time from the date of signing the Deposit Agreement. The time limit for the payment of the deposit stipulated in the agreement must be clear and specific.
④. Specify the word "deposit" to avoid disputes.
If the amount in the agreement is not clear in nature and does not specify the words "deposit", disputes will easily occur; The advance payment, liquidated damages and deposit agreed in the agreement cannot be confused, if it is written as "deposit", "Advance payment", "subscription payment", "sincere payment" and so on, if the provisions of the agreement do not clearly stipulate that it has the nature of deposit, it will not have legal effect.
⑤. The amount of deposit must be within 20% of the transaction amount of the house, and the excess is not protected by law.
The amount of the specific deposit shall be determined by both parties through negotiation. If the amount of the deposit is too high, it may make the damage compensation obtained by The observant party excessively higher than its actual loss amount; If the amount of the deposit is too low, it will not play a role in the performance of the guarantee contract.
The specific amount shall be agreed by the parties, but it shall not exceed 20% of the transaction price, and the excess part shall be invalid. For example, if the house price is 5 million yuan, the deposit is generally less than 1 million yuan, and the excess part is invalid.
⑥ liability for breach of contract should be operational
The buyer and the seller agreed to pay the deposit as the guarantee of the purchase contract. If the buyer refuses to buy the house, he has no right to ask for the return of the deposit; If the seller refuses to sell the house, he shall return the deposit twice.
